A verdict on Community Pharmacy Northern Ireland’s (CPNI) third legal clash with the government over funding has been pushed back until after September, C+D has learned.

The court case, which began in June, is the latest development in CPNI’s long-running attempts to secure more funding from Northern Ireland’s Department of Health (DHSSPSNI).

The hearing overran its scheduled two days in Northern Ireland’s high court so the final hearing date has been pushed back to at least September, revealed David Reissner, a senior healthcare partner at law firm Charles Russell Speechlys, which is representing CPNI.

The court’s decision could take “several months” after this date, Mr Reissner said.

The DHSSPSNI told C+D on Wednesday (August 5) that it is “therefore inappropriate to comment in relation to funding arrangements for community pharmacies”.

The battle arose from the department’s failure to keep up interim payments to contractors while conducting an enquiry into fair reimbursement levels, Mr Reissner told C+D.

Long-running dispute

The dispute follows two judicial reviews over funding for Northern Ireland pharmacies – one in 2010 and another in 2011. In the original judicial review, the high court found the country’s drug tariff – based on England’s version – did not ensure “fair and reasonable remuneration” for contractors.

The following year, the high court ruled that the DHSSPSNI had failed to carry out a survey to “establish key information about the costs and profits of pharmacy businesses”.

As a result, the DHSSPSNI agreed in 2012 to provide contractors with interim payments until October 2013 – the expected start date of its survey to determine correct reimbursement levels – Mr Reissner told C+D. But the survey had still not been conducted in October 2014, when the government stopped the payments, Mr Reissner said.

The DHSSPSNI has since started work on the survey, and Mr Reissner said CPNI had presented evidence to the court explaining why contractors are owed further payments to cover the period from October 2014 until the survey is completed.

Mr Reissner said that, in June’s court sessions, the department claimed it had never agreed to make interim payments beyond October 2014 and insisted contractors are paid “fairly”

Has the Northern Ireland government treated pharmacies fairly?

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